YCCA Home and Garden Tips
Birds do not always build their nests in safe or suitable
locations; such was the situation that recently occurred with a
local contactor. An addition to a home was scheduled. The
homeowner noticed birds flying in and out of a roof tile and
called the contractor. The contractor being a “bird nerd” and not
knowing what to do called YCCA. Myself, being a “bird nerd”
and not knowing bird habits said “call Eric at Jayʼs Bird Barn.”
Here is the bird scoop on birds, nests, and what to do:
What does a contractor do or for that matter what does
anyone do that discovers a bird nest that might be interfering
with construction, interfering with home enjoyment, ingress or
egress? Before removing bird nests, it is important to understand
local laws involving wildlife removal as well as whether or not
removing the nest is safe for the birds. There are Federal bird nest
removal laws.
It is a Federal offense and is illegal to remove or destroy any
active nest from a native bird species, defined as a nest with eggs
or brooding adults in it. If the nest has been abandoned or no eggs
have yet been laid, it can be removed or destroyed as needed.
Nests of invasive birds, such as house sparrows or European
starlings, however, are not protected.
The Migratory Bird Treaty Act of 1918 (MBTA), is a United
States federal law, first enacted in 1916 in order to implement
the convention for the protection of migratory birds between
the United States and Great Britain. The statute makes it
unlawful without a waiver to pursue, hunt, take, capture, kill
or sell birds listed therein (“migratory birds”). The statute does
not discriminate between live or dead birds and also grants full
protection to any bird parts including feathers, eggs and nests.
Over 800 species are currently on the list.
Most bird nests are protected under the Migratory Bird Treaty
Act. This law says: “No person may take (kill), possess, import,
export, transport, sell, purchase, barter, or offer for sale, any
migratory bird, or the parts, nests, or eggs of such bird except as
may be permitted under the terms of a valid permit…”Under the
MBTA it is illegal to destroy a nest that has eggs or chicks in it
or if there are young birds that are still dependent on the nest for
survival. It is also illegal for anyone to keep a nest they take out
of a tree or find on the ground unless they have a permit issued by
the U.S. Fish and Wildlife Service.
Before removing any bird nest, determine whether or not the
removal would be legal according to local, regional and national
wildlife laws. Most birds are protected species and tampering
with a nest could lead to hefty fines or other penalties. In the
United States, for example, it is illegal to remove or destroy any
active nest from a native bird species, defined as a nest with eggs
or brooding adults in it. If the nest has been abandoned or no eggs
have yet been laid, it can be removed or destroyed as needed.
In most cases, it is only after the nesting season has ended and
the birds have moved on that nests can and should be removed.
Unsafe locations typically include...
Near a door or busy walkway
Inside a gutter or drainage pipe
Inside dryer vents
On equipment, such as a grill or lawn mower
Inside a chimney
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July 2016 pccnews
Balanced on a car bumper or tire
If birds have built their nests in these types of locations, it is
best to remove the nest and discourage the birds from rebuilding
in the same spot. If the dangerous nest already has chicks or eggs,
it is best to contact a bird rescue organization to see if they can
take in the baby birds until they are mature enough to leave the
nest. It may also be possibly to move the nest to a safer location
nearby. The parent birds will return to the nearby nest to continue
raising their young, and after the fledglings have left, steps can be
taken to keep the adults from reusing the unsafe location.
If you do not want birds reusing the same area after you have
removed a nest, it will be necessary to take steps to deter birds
from rebuilding. Changing the shape of the surface where the
birds constructed their nest – by adding a board or spikes to
make it less welcoming – will help discourage nesting. Putting
a cat, snake or owl decoy. Vigilance at the beginning of the
nesting season will be critical, and removing nests before they
are completed.
Outcome of the nest in the roof tile… it was determined that the
birds were House Finches. Both adult birds spent several days
flying in and out of the tile until a few days ago when now both
birds are in the nest area for most of the day. The thought is the
House Finches are laying eggs or have already laid the eggs. The
contractor and homeowner have not able to determine if there are
eggs in the nest because of the nest location up in the tile.
The homeowner and contractor have opted to delay this
portion of the addition and wait until the birds have left the nest
to start their flight in life.